Анализ состояния разрешительной системы в Российской Федерации
The Administrative permit system is an important tool to protect the constitutional order, the rights and legitimate interests of citizens, public health and morals, national security in any national legal regime.
Earlier researches on the Russian permitting system don't include the issues related to the assessment of the number of permit types and the quality of regulatory of permitting activities. The article aims to fill this gap. It presents a study of the Russian permitting system using both the legal and statistical methods of research.
The authors identified 22 forms of permitting activity, which are divided into two groups. The first group includes 9 typical (the most abundant) forms of permitting activity. The second group included atypical forms, which are numerically small permits. 541 permits has been revealed during the inventory, including 465 standard and 76 atypical.
The authors investigated the quality of regulatory in this area. A proper regulatory basis does not exist in respect of 5% of permits, detailed legal regulation - in respect of 10% of the permits. Administrative regulations have not been approved in respect of 35% of permits.
The article describes the shortcomings of the Russian system of permits. Systemic problems are related to the lack of codified law on permitting activity. The most significant problems are: lack of legislative definition of permits, policies and performance standards; the absence of legislation establishing the closed lists of permits; lack of a unified accounting system of permits. The authors provide methods of solving these problems.
Formation of democratic societies of the Western type presupposes appearance on the historical scene of a new strong actor - the bourgeois class: "No bourgeoisie, no democracy" (Barrington Moore). The articulation and defense of vital interests of that class creates a new social space - "the bourgeois public sphere" which helps to make up "counterbalance" to absolutism of a corporate state - a civil society, the core of which is composed by public opinion. In the confrontation between the authorities and society one of the most important roles is played by the press that provides free debate and discussion of generally valid problems, especially economic and political. The recognition of the mass media role was stamped in its characterization in XIII century as "the fourth power". Technological development of the media incredibly expanded its functions, turning journalists into creating informational analogue of reality, saturating daily life with new meanings. Methods of the representation of reality, the specific nature of political influence of journalists - key members of the reflexive elites (Helmut Shelski), are the themes of this article.
Публичная сфера, журналистика, четвертая власть, порядки знания, Повседневность, научное и повседневное знание, экспертиза, Репрезентация, public sphere, journalism, fourth estate, orders of knowledge, Everyday life, scientific and everyday knowledge, Expertise, representation
Permissive powers of customs authorities have historically significant character , due to the fact that it is through these powers are exercised regulation of foreign trade activities and facilities at the customs infrastructure throughout the history of the formation of customs in Russia . The problem of precise regulation permitting powers of customs authorities was the fact that in the process of customs affairs in Russia , at different historical stages varied functions and tasks of customs authorities . Furthermore neither in legislation nor at theoretical conclusions is no definition of permissive powers of customs authorities, because of the low level of theoretical elaboration issues.
The author considers the term «compensative expertise» and its role in successful language mastering.
Utilising sources that range from 16th century parish registers to the 21st century supermarket loyalty card, this collection examines the history and development of identification documents and surveillance techniques over the past 500 years. Combining the knowledge of several experts from a variety of disciplines, this volume successfully demonstrates how identification and registration can enable and empower a population, particularly if the interests of the state and population coincide. It also reveals the weakness of states or corporations when dealing with issues such as popular resistance and fraud, despite great leaps forward in the scientific methods of identifying individuals. This important book offers a vital contribution to the literature on a variety of topical subject areas such as biometric identification, immigration control and personal data use, as such it is of interest to students and scholars of civil and human rights amongst other disciplines.
The description of the domain-specific language focused on administrative regulations modeling is presented. The language has a simple syntax; it can be used by different categories of users.
The article is devoted to evaluation of normative definition of production and consumption wastes and to the particular qualities of transfer of ownership. Thus the author proposes to consider as wastes any things that have been rejected by the owner. Up to the article a tool by which «a waste» can be turned into «a product is required. With this tool a number of difficulties in human activity can be removed. There are some variances that appear when an owner of wastes that are kept in a landfill has no access to his wastes but up to our legislation is liable for the possible harm. There are proposed some ways to adjust differences.
The author analyzes the most widely applied risk management standards in Russia, emphasizing the lack of a clear system for operational risk management. Reviewing the challenges emerging on European markets due to the introduction of the Solvency II directive, he suggests approaches to the solution of possible problems for Russian insurers.
The article is devoted to the study of the authoritarianism prevalent in the mass consciousness of Russians. The article describes a new approach to the consideration of the authoritarian syndrome as the effects of the cultural trauma as a result of political and socio-cultural transformation of society. The article shows the dynamics of the symptoms of the authoritarianism, which appear in the mass consciousness of Russians from 1993 to 2011. This paper proposes a package of measures aimed at reducing the level of the authoritarianism in Russian society.
This work looks at a model of spatial election competition with two candidates who can spend effort in order to increase their popularity through advertisement. It is shown that under certain condition the political programs of the candidates will be different. The work derives the comparative statics of equilibrium policy platform and campaign spending with respect the distribution of voter policy preferences and the proportionality of the electoral system. In particular, it is whown that the equilibrium does not exist if the policy preferences are distributed over too narrow an interval.
The article examines "regulatory requirements" as a subject of state control over business in Russia. The author deliberately does not use the term "the rule of law". The article states that a set of requirements for business is wider than the legislative regulation.
First, the article analyzes the regulatory nature of the requirements, especially in the technical field. The requirements are considered in relation to the rule of law. The article explores approaches to the definition of regulatory requirements in Russian legal science. The author analyzes legislation definitions for a set of requirements for business. The author concludes that regulatory requirements are not always identical to the rule of law. Regulatory requirements are a set of obligatory requirements for entrepreneurs’ economic activity. Validation failure leads to negative consequences.
Second, the article analyzes the problems of the regulatory requirements in practice. Lack of information about the requirements, their irrelevance and inconsistency are problems of the regulatory requirements in Russia.
Many requirements regulating economic activity are not compatible with the current development level of science and technology. The problems are analyzed on the basis of the Russian judicial practice and annual monitoring reports by Higher School of Economics.
Finally, the author provides an approach to the possible solution of the regulatory requirements’ problem. The author proposes to create a nationwide Internet portal about regulatory requirements. The portal should contain full information about all regulatory requirements. The author recommends extending moratorium on the use of the requirements adopted by the bodies and organizations of the former USSR government.